1951-18127
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
21,
3
41
5
RESOLUTION NO. 1812
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO THE JOINT
CONSTRUOTtON AND OPERATION AGREEMENTS HERETOFORE MADE
AND ENTERED INTO BY THE CITIES OF ANAHEIM, FULLERTON AND
ORANGE, AND THE BUENA PARK, GARDEN GROVE, LA HABRA AND
PLACENTIA SANITkRY nISTPLICTS AND A7TH0RTZIM THF, LitWR
AND THE CITY CLERK TO EXECUTE AN AGREE NT AMENDING SAID
AGREEMENT HERETOFORE MADE AND ENTERED INTO.
1117:191= the Cite s of Anaheim, Pullerton ar 'nge have
1
nere.olore jointly constructed, and paid for and said. ±tie and the
:3.7ena Park, Garden Greve, LE Tatra and Placentia Sanity Pistricts
jointly maintain and use said sewer pipe line known as the Euclid
unk Sewer Line fox conveying sewage originating and deve oping in
4 .d Cities aad Sanitary Districts; ,ald
wErLEAS, said tAunicipalities have heretofore entered into
certaill Supplemental 1„grecents dLted Octoer 1S24cptember 19
127, and October 13 p r hexeL j
tnitary District, Garden. CTOT6 Sanitary District, La 'ii..abra Sanitary
Distii t and Placentia Saaitry the permanent right to use
said sewer pipe line to certain desionated percentages of the cape-
*ity theleof and also imposed upon said Sanitary Districts certain
conditions and Obligations and providing that each of said Cities an
Ganitary Distrioto shall pdy a.. portion of the coat of the 121aintenano
repair and reconstruction of said:seWer pipe line and the cost of
d,itionel facilities; and
WHEREAS, said Agresnients provide that said Oities and
limitary Districts shali continue to use said sewer pipe line for
he conveying of sewage originating and developing in each of said
Cities and Sanitary Districts until the same Shall be so used to the
extent f its full capacit and that when the same shall utilized
o Its full capacity then said Cities and Sanitary Disticts shall
and will immediately proceed jointiy to. construct on the right-of-
way owned by said Cities all neces.sary additional sewer pipe lines
r sections thereof and pay the costs thereof and of each cection
thereof as it owns and has the permanent right to use the present
sewer pipe line and sections thereof; and
ifsoted in Lana :Park
1
10
WEEFA. said Cities an Sanitary Districtt have hereto- 1
*ore found and determined. tha th present sewer pipe lin e. is util-
i!
3jized to its full capacity and that the public interest. and necessity
4#.equires the construction of additieml facilities and that it will
5e to the advantage, benefit and best interest of said Cities and
Districts to
7 jointly pay for the cost of the construction,
8 reo nstruction of said additional facilities
9i..ieretofore determined by the respective Cities and Llanitary District
by resolution duly passed and adopted and as heTeinafter set forth
11
12 Ikewer and pumping plant and force
13 i
14 located upon
„a facilities consist of the Magnolia Trunk
main tcgether with the appurten-
ances thezete and more commonly known a_8 the li=1.6nolia Trunk 3ewer
and ion ignoIia iji.venue in Orange County,
and that said additio.,.
15 1c7 aliTornia; and
16
17!
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
ti e rilsht-of-way now owned
o Anaheim
ioint77 construct and have joint use of and
maintenance, repair,
in the pc7centages
wLAS, said Mvznolia Trunk Sewer and pupin6 plant and
force main tuseth-er with appurtenances thereto aze not located upon
said Cities hereinabove mentioned and
that an uncertainty exists as to the power and authority of said
Cities and Zanitary Districts to construct said M. -Alolia Trunk
wor :roject at a place other than upon said right of-way now owned
by said Cities and that said Supplemental ,Aiweements should be
amended to remove such uncertainty.
NOW, ThEREF6R2 BE IT RiZOLVED hy the City Council. of the
that the provisions of the
Supplemental Agreements hereinbefore mentioned and described de-
ining or relating to qadditiomd facilities be amended to include
the construction of the Itagnolia Trunk ,:;ewer and pli4pin6 r,lant and
force main together with the appurtenances thereto a the location
desoxilied in the Engineer's Report of the design of Waid kagnolia
Trunk Lewer and pumping plant and ;orce main o the oran6t.: County
Joint Outfall Sewer and heretofore approved by said Wh6ieti and Saitr
10
11
121
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
1;
2 ee and surveys al preoarad by Koebi and Koabig, con
engineers, heretofore approval and adopted by sai0. Cities
41jand Sanitary Distrlots by resolutions, and that the term: nadditional
n as used in said Su7olementa1 joint Agrecmsnts shall
6 131. read, understood and construed tr.7 enbrace and inclUde Said Mag-
7 nolia Trunk ewe Pro jet a hereinbefora mentionei ana described an.
8
9
and in accordance
that the term nright -of -wayn as used in said Supplemental Joint
Agreements shall be read, understood an -construed t ez7:)race and
include the right-of-way owned by said Cities and Sanitary Districts
or the land or riht-cf -way upon which they have a permit easement
or rig72t to (.1vonst uot seta Manolia Trunlc 3emir rrejec't 3r any
rther additional foiiii; and
B7 IT 7 RTIOLV, that the City of Anialeim
all 1e nd it is bob y houni and oleliated to 1, and
V
7.?s (22.28o of thP total construction, insta1-
ation ersoring,
roject
with the enr;ineering desicns
ant other eosto of th.e construction and
empletlo n. of said Magnolia. Trunk n Project ac its s,zcportionate
share of said costs; c
.17.7 IT =T727,: 7u =n that said gity ef AritOleim
shall pay its proportionate share of all of said costs at
the time specifie(1 inthe contract ar contracts hereafter executed
by the City of Anaheim tth a contractor or contrters for the
acquisition of mzitexials and for the construction ins allation and
completion of said Maunolla Trunk Sewer :Project and. when the said
percentages of costs or some porticn thereof shall accrue and the
rewoectiYe warns are certified by the of Anaheim filed
with said Cities and S Districts.
BE IT FUPT= RESOLV. that all contracts necessary to be
mfte ana entereci intc for the acquisition ci matertaTiJ and the
construction install ton and completion. of said afloiia Trunk
shall rilade and entered into by tho Jity of Anaheim
2
3
4
5
6
7
8
9
10
11
19
20
21
22
23
25
11
12
13
14
15
16
17
181
24
26
27
28 I
29
30
31
32
the joint 11-Ji, 'benefit of ell the Cities SLnitary
C ty of Anaheim Ethan e: as the contnlotIm agent for
hs7setofere tn the
joint entels into sal CitieS
Yaltary Y.Astrct:7, It (7ers147:::.te fer that
ehall be Cy;
Amrr
Tq't
te exceet herei amende e.r 1 shall 7smain In full
effect;
i Mover (71ty Clerk
the7 are herCiv 0..17ected to exeeute
26th (,k
77 1,777 that r of t. tErm.1, ccraitions
Agreement herinr referred
mentL71 ment Areemente
etbe? 25, 1
1727, 1 7 )ctobe 17, 127,
the as. herein J.,..snyvi'7.teel.
FOTIZ-OINC 'v :3. sivned. by me this
-1
15
22
23
27
28
29
5
6
7
8
9
10
11
121
13 I
14
1
161
17
19
20
21
24
25
26
30
31
32
Anaheim
ES.
'OHATRIM E. CCUUTIMR City (7.1k of th.F. City ot
lereby '77 th9t f
adjourned
t afre7%1::,.r Toe tlY'47 of tIT.1 (Thuncli. o
Anaheim 26th da7 Tf
f01.137inE v:rt the b9r horeof:
7J: Pearson, Wisser, Boned Vn.r, 'Wagoner
Anaheim
None
Haying
r)] on on tho 14m day
Anaheim
114 1951,
mpror of tle, City of
htwe hereunto .15)t hane. 741n.(7, affixe
thto 26th January